King v. Blanton
North Carolina Court of Appeals
No. COA12-534 (Nov. 20, 2012)
After a July 2010 car accident, Sheila Blanton (defendant) sued Ethel King (plaintiff) for negligence, claiming King ran a red light and caused the wreck; the parties settled the following May, and Blanton voluntarily dismissed the case with prejudice. The next month, King sued Blanton for negligence over the same accident, now claiming Blanton ran the red light, and Blanton moved to dismiss on the ground that King's claim was a compulsory counterclaim that had to be raised in the original lawsuit; because the court considered outside documents, it treated the motion as one for summary judgment and granted it, dismissing King's claim with prejudice, and King appealed.
Whether a party's failure to assert a compulsory counterclaim prevents that party from asserting the claim in a subsequent lawsuit.